United States Third Circuit

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US v. Ware, 12-1330

In a consolidated appeal of two cases of defendants serving sentences for various offenses involving cocaine, each requesting reductions in their sentences following a retroactive amendment to the Federal Sentencing Guidelines applicable to crack cocaine offenses, the district court's grant as to the first defendant's motion is reversed where the Sentencing Guidelines amendments do not apply to defendants who were originally sentenced on the basis of variances or departures for a guideline range not affected by the amendments. However, the district court's denial of the second defendant's motion for a sentence reduction is affirmed.

Appellate Information

  • Decided 09/21/2012
  • Published 09/21/2012


  • Garth


  • United States Third Circuit